Order 40 Rule 1 CPC: Appointment of receivers

Bare Act text

1. Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court may by order—

(a) appoint a receiver of any property, whether before or after decree;

(b) remove any person from the possession or custody of the property;

(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit.

(2) Nothing in this rule shall authorise the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where it appears just and convenient, the Court may appoint a receiver of any property, before or after decree. It may remove any person from the possession or custody of the property and commit it to the receiver. It may confer on the receiver such powers as the owner has, or such as it thinks fit, including suing and defending, realising, managing, protecting and improving the property, collecting and applying rents and profits, and executing documents. The Court cannot remove from possession a person whom no party has a present right to remove.

Order XL Rule 1 CPC: Appointment of receivers

Bare Act text

In simple words

Order XL: Appointment Of Receivers